Introduction to Civil Law: General Theory, Sources, and Fundamental Distinctions

Comprehensive vocabulary flashcards covering the foundations of civil law, objective and subjective rights, the hierarchy of norms, proof, morality versus law, and the public-private legal divide.

Droit objectif (Objective Law)

The set of rules governing life in society.

Droits subjectifs (Subjective Rights)

Individual prerogatives recognized to persons by objective law, consisting of the faculty to perform an act, use or dispose of a thing, or demand something from someone.

Caractère général ou impersonnel (General or Impersonal Character)

A characteristic of the legal rule meaning that it does not target any individual in a personal manner.

Caractère obligatoire (Mandatory Character)

A characteristic of the legal rule dictating that any person who falls within its scope of application must comply with it.

Caractère coercitif (Coercive Character)

A characteristic of the legal rule establishing that any person who fails to respect it will be sanctioned by public authority.

Summa divisio

The highest division in law, primarily separating private law (droit privé) and public law (droit public).

Dualisme juridictionnel (Jurisdictional Dualism)

The structural separation of the court system into the judicial order (competent in private law, headed by the Cour de cassation) and the administrative order (competent in public law, headed by the Conseil d'État).

Loi (Law / Statute)

In the strict sense, any provision enacted by Parliament; in the broad sense, any rule of law emanating from either the legislative or the executive power.

Jurisprudence (Case Law)

A complementary source of objective law consisting of the body of judicial decisions rendered by courts and tribunals.

Doctrine

A complementary source of objective law designating the body of opinions expressed by jurists, including academics and practitioners.

Bloc de constitutionnalité

The apex of Kelsen's pyramid of norms, comprising the Constitution of October 4, 1958, the Preamble of the 1946 Constitution, the 1789 Declaration of the Rights of Man and of the Citizen, the 2004 Environment Charter, fundamental principles recognized by the laws of the Republic, and principles of constitutional value.

Bloc de conventionnalité

The tier in the hierarchy of norms comprising international treaties and European Union law.

Bloc de légalité

The tier in the hierarchy of norms primarily comprising laws enacted by Parliament, divided into ordinary laws, organic laws, and referendum laws.

Bloc réglementaire

The tier in the hierarchy of norms corresponding to regulations, primarily consisting of government decrees and local or ministerial orders (arrêtés).

Acte juridique (Legal Act)

A manifestation of will intended to produce legal effects, specifically rights and obligations.

Fait juridique (Legal Fact)

An event to which the law attaches legal effects.

Droits patrimoniaux (Patrimonial Rights)

Subjective rights that can be assessed in monetary terms and consequently form part of a person's patrimony, such as property rights.

Droits extrapatrimoniaux (Extrapatrimonial Rights)

Subjective rights that cannot be assessed in monetary terms and do not form part of a person's patrimony, including freedom of expression, the right to vote, personality rights, and the right to respect for private life.

Preuves parfaites (Perfect Proofs)

Modes of proof that bind the judge and must be accepted, consisting of written proof, judicial confession (aveu judiciaire), and the decisive oath (serment décisoire).

Modes de preuve imparfaits (Imperfect Modes of Proof)

Modes of proof that do not bind the judge, consisting of extrajudicial confession, the supplementary oath (serment supplétoire), judicial presumptions (presumptions of man), and witness testimony.

Article 1359 of the Civil Code

The rule dictating that legal acts involving an amount greater than $1050\,\text{euro}$ must be proven in writing.

Droit (Cornu Definition)

According to Gérard Cornu in Vocabulaire juridique, 'the set of rules of conduct socially enacted and sanctioned, which impose themselves on members of society.'

Morale (Morality)

The set of rules of conduct in society considered to be good, originating internally from the conscience of the individual and aiming for their inner perfection.

Article 1168 of the Civil Code

A provision illustrating the law's indifference to morality, stating that a lack of equivalence in obligations (prestations) is not a cause of contractual nullity unless provided otherwise by law.

Article 6 of the Civil Code

The statutory provision stating that private agreements cannot derogate from laws concerning public order and good morals (bonnes mœurs).

Article 1104 of the Civil Code

The provision affirming that contracts must be negotiated, formed, and performed in good faith (bonne foi).

Droit libéral (Liberal Law)

A characteristic of private law signifying that it is primarily composed of suppletive rules (règles supplétives), from which parties are free to derogate.

Droit impératif (Imperative Law)

A characteristic of public law establishing that private individuals cannot derogate from its rules.